Page:Federal Reporter, 1st Series, Volume 6.djvu/234

 222 FEDERAL REPORTER, �ant's premises portions of the wharf have been completed, and are being used as landings for boats running on the river; that the effect of driving the piles in the bed of the river and constructing the runway as aforesaid will be to divert the navigable water of the Mississippi river from its natural course, and to throw it east of its natural location, and from along the river bank north and south of said run- way and piling. �It is further averred that the construction of said runway will create in front of and upon plaintiff's iinproved wharf, as aforesaid, a deposit of mud and sediment, so that it will be impossible for boats and vessels engaged in the navigation of the Mississippi river to land at the improved wharf afore- said, north and south of the defendant's said premises. �The prayer of the bill is that defendant, its agents and servants be forever enjoined from driving piles and construct- ing its runway east of the western water's edge, in front of defendant's premises ; and that it be ordered to remove such piles as it has already driven there, and ail portion of said runway already constructed there by it ; and that the plain- tiff have such other and further relief in the premises as it may be entitled to, etc. �The respondents demur to the bill, and by their demurrer they taise the following questions : First, whether the bill, upon its face, shows that the construction of the runway in question will intrude upon plaintiff's rights, and cause special damage; second, whether, upon the allegations contained in the bill, complainant is entitled to decree in advance of the construction of the runway, and to prevent its completion. �It will not be necessary, upon the consideration of this demurrer, to finally decide the first question presented. It seems, however, to be well settled that a bill in equity, to enjoin or abate a public nuisance, must be filed by one who has sustained or is ia danger of sustaining special dam- ages. It is true that one of many persons, ail of whom have been damaged by a public nuisance, may bring a bill in behalf of himself and ail others who are in like situation, who are or may be injured; and it is by no means necessary to ��� �